Overview of How to Return Stolen Art (Update)
This updated Freakonomics Radio episode wraps up a series on the economics, politics, and ethics of returning stolen art and antiquities. The core focus is the Benin Bronzes—artifacts looted by British forces in the 1897 punitive expedition against the Kingdom of Benin (in present-day Nigeria)—but the episode broadens into a larger question: What should museums do with objects acquired through colonial violence, theft, or dubious provenance?
Through reporting from Glasgow, London, Washington, D.C., and New York, the episode contrasts institutions that are beginning to repatriate contested objects with those still resisting, and explores whether repatriation, long-term loans, shared stewardship, and lease models can offer a workable future for museums.
Key Takeaways
- Museum ethics have changed dramatically: What was once treated as normal collecting during empire is now increasingly recognized as looting or “plunder.”
- The Benin Bronzes are the episode’s central case study: Glasgow Museums, the Smithsonian, and several German institutions have agreed to return or partially return Benin objects, while the British Museum remains reluctant.
- Repatriation is not always a simple handoff: Countries of origin may lack storage, insurance, or exhibition infrastructure, leading to arrangements like long-term loans or shared custody.
- Economists suggest lease-based solutions: If countries own the objects, they can still lease some abroad, preserving access while generating revenue and reducing black-market incentives.
- Modern museums are being redefined: Museum leaders argue that institutions must now serve contemporary public needs, address injustice, and be transparent about provenance—not just preserve objects.
The Benin Bronzes and Colonial Looting
What happened in 1897
- British soldiers burned Benin City, killed many residents, expelled the Oba (king), and took thousands of objects from the royal palace.
- The stolen items included:
- bronze plaques,
- royal heads for altar shrines,
- ceremonial swords,
- ivory and everyday objects,
- even bolts and keys from doors.
Why these objects matter
- The plaques are not just decorative; they are historical records of Benin’s rulers, rituals, and diplomatic ties.
- The episode emphasizes that African civilizations had sophisticated trade networks, metallurgy, and preservation traditions long before European colonial claims of “saving” their art.
Glasgow Museums: From Custodian to Repatriator
Patricia Allen’s role
Patricia Allen, former curator of world cultures at Glasgow Museums, explains that she became deeply involved in restitution work during lockdown and began questioning why the institution was “hoarding” objects from colonized peoples.
Why Glasgow changed course
- Glasgow had previously rejected a Nigerian request for return in the late 1990s.
- By 2022, the museum publicly committed to returning 19 Benin pieces to Nigeria.
- Allen says the museum concluded it should not be “fencing stolen goods.”
Glasgow’s repatriation criteria
The museum developed a framework for returns based on:
- the claimant’s authority to represent descendants,
- continuity between the original and present-day community,
- the cultural/historical/religious importance of the objects,
- how the museum acquired them.
A former fifth criterion—whether the object would be displayed in a museum after return—was removed because it unfairly disadvantaged Indigenous and under-resourced communities.
The Smithsonian’s New Approach
Lonnie Bunch III’s philosophy
Lonnie G. Bunch III, Secretary of the Smithsonian, argues that museums must incorporate ethical considerations into acquisition and retention decisions, not just scholarship and provenance.
The Smithsonian policy shift
- The Smithsonian created an institution-wide policy allowing:
- deaccession and return,
- shared stewardship,
- or continued custody under negotiated terms.
- This reflects a broader change: museums should not simply preserve collections but should also serve communities and address historical wrongs.
Benin returns from the Smithsonian
- The Smithsonian returned 20 Benin objects to Nigeria.
- Nine additional objects remain on long-term loan in Washington.
- The arrangement was negotiated to ensure that:
- ownership goes back to Nigeria,
- some material remains visible to the public,
- and Nigeria is not overwhelmed by an influx of returned objects.
The Economics of Repatriation: Long-Term Leases
Tom Wilkening’s argument
Economist Tom Wilkening explains a market-design approach to antiquities:
- Export bans help but are imperfect.
- A better model may be long-term leases:
- the source country retains ownership,
- foreign institutions can display objects for a fixed term,
- revenue or benefits flow back to the source country,
- and black-market incentives may be reduced.
Three proposed use cases
- Existing objects already identified
Return ownership, then lease some objects abroad. - Objects not yet excavated
A museum or institution could fund excavation and receive exhibition rights, while ownership stays with the source nation. - Already-looted objects in private hands
The most controversial idea: offer a kind of amnesty through leases if holders acknowledge the true owner and formalize a return arrangement.
Why this matters
The episode frames this as a practical compromise between:
- the moral imperative to return stolen property,
- and the reality that museums worldwide still want public access to important works.
The Metropolitan Museum and Other Models
The Met’s evolving stance
Andrea Bayer of the Metropolitan Museum of Art acknowledges that excavation and collecting standards have been “completely reversed” from the museum’s earliest days.
Two major examples
- The gold coffin from Egypt: the Met admitted it had not asked enough provenance questions before acquiring it.
- The Leonard Stern Cycladic collection: the Met made a complex 25-year loan/ownership arrangement with Greece, allowing the objects to be exhibited in New York temporarily before returning.
Criticism
Legal scholar Patti Gerstenblith argues that some arrangements are problematic because they give U.S. institutions tax advantages while source countries may not truly control the objects.
Still, the episode presents the Greek deal as a possible model when provenance is strong and all parties gain something.
The British Museum and the Parthenon Marbles
The episode briefly extends the discussion to another iconic dispute: the Parthenon Marbles.
- Greece has long argued the sculptures were removed illegally by Lord Elgin.
- The British Museum has so far resisted return.
- The episode suggests no public resolution is yet in sight.
The British Museum’s secrecy and resistance are contrasted with the more open, negotiated approaches adopted elsewhere.
What the Episode Says About Museums Today
Museums as national identity
Lonnie Bunch argues museums are part of the “glue” that holds a country together. But that also means they must evolve as societies change.
Modern museum responsibilities
According to Bunch, museums can no longer be:
- merely repositories of old stories,
- or static collections of great objects.
They must also:
- address social justice,
- confront colonial histories,
- and ask hard questions about how objects were acquired.
The episode’s bigger question
The central challenge is not whether museums will lose everything if they return looted works. Instead, it is whether they can become institutions that:
- tell more honest histories,
- share authority with communities,
- and remain relevant in the 21st century.
Notable Insight
“As thieves, we don’t really have a right to set conditions on the return of stolen property.”
This captures the episode’s moral center: once an object is recognized as looted, the burden shifts away from the descendants of the stolen-from community and toward the institution or state that possesses it.
Bottom Line
This episode argues that restitution is no longer a fringe idea—it is becoming a practical museum policy issue. The most promising path forward appears to be a mix of:
- full ownership return,
- long-term loans,
- shared stewardship, and
- carefully structured lease agreements.
Rather than asking whether museums will be emptied, the episode suggests the real question is whether they can become more honest, more ethical, and more globally collaborative.
